THE death of mental health patient who was killed by a fellow patient was ‘entirely avoidable’, a judge has said.

Owen Herbert was admitted to Parklands Hospital, in Basingstoke, on November 26, 2021, and just fours later he had strangled Richard Laversuch to death.

Prior to his admission Herbert, of The Green, Overton, had told mental health teams about “having to do a massacre” and was speaking about killing people because of "the game". 

Despite this, the Psychiatric Intensive Care Unit at the Southern Health-run Parklands refused to admit him, and he was instead admitted to the less secure Juniper Ward – where he was free to walk in and out of other patients' room.

At 3.41am Herbert walked into the room of fellow patient Peter Knight who woke to find the defendant straddling him and strangling him.

At Herbert’s sentencing at Winchester Crown Court on Friday, February 10, prosecutor Karim Kahlil KC said: “Peter Knight remembers feeling something very tight around his neck and struggling to breathe. The defendant put a pillow or cushion over his face. He struggled as best he could and tried to get the defendant off without much success. He thought that this incident lasted between 30 seconds and a few minutes in duration, albeit that it felt like “forever”.”

Another patient spotted Herbert and the defendant left the room. The patient, who was not named in court, and Mr Knight alerted staff, but the court heard, all that was done by staff was to check that each patient was in their rooms.

Thirteen minutes later Herbert was able to walk into Mr Laversuch’s room and carry out the fatal attack on him. Again, staff were altered by the unamed patient.

Mr Kahlil said: “They found the defendant straddling his victim on his bed with his hands around his neck, obviously strangling him. He was removed with some considerable effort as his grip around Mr Laversuch’s neck was described as strong. They removed him forcefully from the room and raised the alarm further.”

Despite best efforts, Mr Laversuch, 63, from Andover was pronounced at the scene.

Herbert was then able to walk the corridors of the ward and assaulted support worker Hayley Bright by punching her in the face.

During the sentencing, Mr Laversuch’s sister said that her brother was “a very kind and empathic man who was always firstly concerned about other people’s feelings and wellbeing”.

She continued: “He always started conversation by enquiring about anyone he knew had difficulties. He acted with thoughtful kindness toward anyone in need. He was interested in politics, enjoyed creative writing, music, supported Bath rugby and was a valued member of his pub quiz team.”

Herbert previously pleaded guilty to manslaughter by diminished responsibility, assault occasioning actual bodily harm and assault by beating of an emergency worker.

Herbert has been receiving treatment at Broadmoor Hospital, with treating doctors concluding that he has "treatment-resistant schizophrenia".

In sentencing, The Honourable Mr Justice Fraser said: “These facts essentially speak for themselves in terms of the numerous failures that occurred in November 2021.

“Mr Knight and Mr Laversuch, as patients in a mental health setting in a ward for those of low risk, were exposed to the high level of risk presented by you, someone with schizophrenia, who was in the midst of a florid psychotic episode, and who had been clearly identified as constituting high risk of causing harm to others.

“Another opportunity to protect the patients there was missed after the attack on Mr Knight was interrupted by the other patient.

“The result of this litany of failures is that Mr Laversuch was killed by you, using your bare hands, and Mr Knight was seriously assaulted, and could have also died.”

The judge imposed an indefinite hospital order and will only be released when a mental health tribunal considers him to be safe and the Secretary of State consents.

The court heard that Herbert had begun displaying mental health concerns in May 2020 when he threatened to take his own life. In the proceeding months, he had a number of involvements with health staff.

In July 2021, his psychotic symptoms were noted as having increased and he was suffering from hallucinations, he said “he could read the minds of others; was receiving messages from God and was on a mission on behalf of God”.

Due to worsening symptoms, he was admitted to Parklands Hospital in September 2021 and in October an order sectioning was rescinded and he returned to his parents' home as his ‘illness had gone into remission’.

By November 26 Herbert had reported having been hearing voices, “saying that his life was a game and that he was being controlled in some way. He reported objects being moved around and telepathic interaction and torture by aliens.”

In the weeks and months leading up to the offences, Herbert had been misusing alcohol and illicit drugs and had at times stopped taking his prescribed medications as instructed.

In mitigation, Kate Lumsden KC said that over the years Herbert's parents continued to try and get their son the help he needed.

Ms Lumsden continued: "It is clear that in our submission the ways in which Owen doesn't appear to help himself over the years are likely to be a product of his mental illness."

In his sentencing, the judge said he is writing to the Secretary of State for Health and Social Care, Steve Barclay MP, “drawing the facts of this case to his attention so that he can consider what steps to take, whether in terms of an investigation or otherwise, to help ensure that nothing like this can happen again”.

Southern Health chief executive Ron Shields said: “This is an absolute tragedy and our thoughts and condolences go out again to Richard Laversuch’s family and all impacted by this devastating event.

“We are profoundly sorry that, in the few hours after Mr Herbert’s admission to an acute mental health ward, we were unable to ensure the safety Richard had the right to expect.

“Following the tragic event the trust took immediate steps to ensure the safety of all other patients.

“Today’s sentencing concludes the justice process and NHS England can now proceed with an independent homicide review.”